‘Passport should prove citizenship’: Tharoor calls for legal change

Congress MP Shashi Tharoor has criticised the Ministry of External Affairs’ (MEA) recent clarification on the legal status of passports, arguing that the government should amend the law to recognise both passports and Aadhaar cards as valid proof of citizenship.

“If a passport does not establish domestic citizenship, then what does? The Supreme Court has already ruled that the Aadhaar card is merely a proof of identity and residence, not citizenship,” Tharoor said in a post on X.

‘Legal paradox’

The MEA, on Passport Seva Divas (June 24), clarified that an Indian passport is primarily a travel document issued to facilitate international travel and does not by itself serve as conclusive proof of citizenship. It said citizenship is determined under the Citizenship Act, 1955, through provisions related to birth, descent, registration or naturalisation.

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Reacting to the clarification, Tharoor said the statement created a “legal paradox” as obtaining a passport involves extensive verification, including police checks and scrutiny of documents.

“For decades, the passport has been considered the gold standard of identity. Citizens undergo a gruelling bureaucratic process to obtain it because the state demands proof before issuing the document. To then say that the same document does not actually prove citizenship creates an absurd situation,” he said.

Calls for legal amendment

Tharoor argued that millions of Indians are now left without a legally conclusive document proving their nationality, despite possessing state-issued identity documents.

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Calling for a legal amendment, the Congress MP suggested that a valid passport or a citizen-specific Aadhaar card should be accepted as conclusive proof of citizenship unless cancelled or withdrawn by the government.

Aadhaar for non-citizens

However, he acknowledged the challenge with Aadhaar, which is currently issued based on residency and is not limited to Indian citizens. He proposed creating a separate Aadhaar identity for non-citizens living in India, with a clear visual distinction.

Also read: MEA says passport is not citizenship proof; so how do you prove you are Indian citizen?

“By separating the two categories, the government can ensure that either a citizen’s Aadhaar card or a valid passport becomes sufficient proof of citizenship for all Indian nationals,” Tharoor said.

He added that such a system could simplify domestic verification processes, reduce bureaucratic hurdles and provide citizens with greater legal clarity over their identity and nationality.